Vick Plea Agreement, 12-18 months

[theogt]

http://www.abovethelaw.com/2007/08/michael_vick_his_bark_is_worse.php#more

Michael Vick: His Bark Is Worse Than His Betting

The plea agreement (PDF) for star quarterback Michael Vick has been filed in federal court. In the statement of facts (PDF) accompanying the agreement, Vick admits involvement in the dogfighting conspiracy (including funding it), but declines to admit a number of other allegations. According to ESPN, Vick claims that he "did not place side bets and did not receive proceeds from purses from the fights."

Here's what the agreement provides with respect to sentencing:

Assuming zero criminal history, an adjusted offense level of 13 gives you an imprisonment range of 12 to 18 months. Of course, and as noted in the agreement, the sentencing judge is not bound by the guidelines (thanks to Booker).

What's next in procedural terms, from CNN:

Vick, 27, is scheduled to appear in federal court in Richmond, Virginia, on Monday, where he is expected to plead guilty before a judge. The judge in the case will have the final say over the plea agreement.​

Presiding over Vick's case is Judge Henry Hudson, a Bush II appointee to the bench and a former U.S. Attorney for the Eastern District of Virginia (under Bush I). He has an impressive resume, but we don't know much about him personally.

 

[zrinkill]

I bet he gets 6 - 8 months in jail and a 2007 and 2008 seasons suspension by the NFL ....

Then the Vikings or Raiders will sign him to an incentive laden deal.

 

[Seven]

I bet he gets 6 - 8 months in jail and a 2007 and 2008 seasons suspension by the NFL ....

Then the Vikings or Raiders will sign him to an incentive laden deal.

:signmast: :repost: ..........................

 

[zrinkill]

:signmast: :repost: ..........................

I thought it was the same thread and I had failed to push post ....

 

[ABQCOWBOY]

I bet he gets 6 - 8 months in jail and a 2007 and 2008 seasons suspension by the NFL ....

Then the Vikings or Raiders will sign him to an incentive laden deal.

I don't see how. The minimum, I thought, for this was something like 12 to 18 months. I could be wrong but I thought that's what was mentioned earlier.

I tell you, I would not be so sure that Vick gets off with a lighter sentance. He could get more time then 18. The judge does not have to accept this plea. He could tell Vick and his defense team to pound sand. Will be interesting to see what happens.

 

[theogt]

I don't see how. The minimum, I thought, for this was something like 12 to 18 months. I could be wrong but I thought that's what was mentioned earlier.

I tell you, I would not be so sure that Vick gets off with a lighter sentance. He could get more time then 18. The judge does not have to accept this plea. He could tell Vick and his defense team to pound sand. Will be interesting to see what happens.

The recommended sentencing by the government is 12 to 18 months. The judge isn't legally required to follow the federal sentencing guideline (this was declared unconstitutional a few years back). So, the judge could conceivably give him a few months or a few years. The statistics show, however, that judges overwhelmingly go with what is recommended. I very much expect a 12 month sentence.

 

[zrinkill]

I meant he will only be in jail for that long 6-8 months ..... his actual sentence will prolly be longer.

 

[peplaw06]

The recommended sentencing by the government is 12 to 18 months. The judge isn't legally required to follow the federal sentencing guideline (this was declared unconstitutional a few years back). So, the judge could conceivably give him a few months or a few years. The statistics show, however, that judges overwhelmingly go with what is recommended. I very much expect a 12 month sentence.

I could be wrong -- this being federal and all -- but if the judge does not accept the prosecutions recommendation, Vick may withdraw his plea. At least that's how it works in Texas. If the feds recommend 12 months, and the judge gives 18, Vick would be able to "take it back." Not saying he would even want to do that, but I guess he could.

 

[peplaw06]

I meant he will only be in jail for that long 6-8 months ..... his actual sentence will prolly be longer.

If his sentence is 12 months, he has to serve at least 10.2 months.... or 10 months and 6 days give or take.

 

[ABQCOWBOY]

The recommended sentencing by the government is 12 to 18 months. The judge isn't legally required to follow the federal sentencing guideline (this was declared unconstitutional a few years back). So, the judge could conceivably give him a few months or a few years. The statistics show, however, that judges overwhelmingly go with what is recommended. I very much expect a 12 month sentence.

I do not expect it to be 12 months. I think the fall out from Vick serving less then a year would be rediculous. I would expect him to get more then that. I guess we will know soon enough.

 

[ABQCOWBOY]

I could be wrong -- this being federal and all -- but if the judge does not accept the prosecutions recommendation, Vick may withdraw his plea. At least that's how it works in Texas. If the feds recommend 12 months, and the judge gives 18, Vick would be able to "take it back." Not saying he would even want to do that, but I guess he could.

Well, it was reported earlier that if the state accepted a plea and Vick agreed to plea, the sentancing would then be up to the Judge and recommendations would weigh into the sentance but would not, however, dictate the sentance. IE, the Judge would have latitude to hand down whatever he felt appropriate to the extent of the legal limit, which in this case was 6 years, I thought. Now, the report did say that Vick would have to abide by whatever was handed down but I don't know if that's true or not. That was reported but who the heck really knows?

 

[zrinkill]

Lindsey Lohan was arrested with cocaine twice and wrecked her car while chasing someone .....


she got one day in jail.

I do not put anything past a celebrity as far as special treatment.

 

[burmafrd]

The FEDS are a whole lot tougher then any LA or California court will be.

 

[5Stars]

The FEDS are a whole lot tougher then any LA or California court will be.

I still say that he gets a year or less...maybe 6 months!!

 

[theogt]

I could be wrong -- this being federal and all -- but if the judge does not accept the prosecutions recommendation, Vick may withdraw his plea. At least that's how it works in Texas. If the feds recommend 12 months, and the judge gives 18, Vick would be able to "take it back." Not saying he would even want to do that, but I guess he could.

Not in federal he can't. If they plea, they're stuck with it, even if the judge diverges from the agreement. At least, that's what most federal judges read off a cue card every time a plea is announced in a federal courthouse. I don't have the patience to actually look up the law.